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LEGAL APPROVAL Return to: (enclose sell-addressed stamped envelope) Name ~\2-A-N K \./0 it LL,v-! '~-LL ~ L '-=t 3-:r -3 0 0 l.-.~ Address: JiJ..-22-'1993 1~(!6pm 93-230499 OHS 78fJM f!3 19~9 'f tll H f t f f f@, Ifj'J"U I ~ff Property Appraisers Parcelldentilication (Folio) Number(s): /' UNITY OF TITLE The Undersigned hereby agrees to restrict the use of Lot 7 (N 40' & E 50'), Lot 8, and Lot 9(N 10'}, and Lot lO(N 0.13'}, Block 1 and 2, of the Subdivision Robert Addition, Recorded in Plat Book 1, Page 51 of the Public Records of Palm Beach County, Florida, being described by metes and bounds, as follows: the North 40' and East 50' of Lot 7, and the North 0.13' of the East 50' of Lot 10, Block 2; and Lot 8 and the North 10' of Lot 9, Block 1 of the Robert Addition subdivision including the abandoned Right-or-way adjacent thereof, in the following manner: 1. That said property shall be considered as one plot and parcel of land, and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. ., ~ . The Undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns. Release of this Unity of Title must be approved by the administrative. head of the Boynton Beach Building Department and ratified by the City Commission. .~ ~ RECEIVEQ .... . JUL 2:a J993 The Undersigned further agrees th~t this instrument will be recorded in the Public Records of Palm Beach County. - ealed, executed and aCkowledged on this /0 ,': ':.~U)~~ ',:' ".'. ~....."/ ~ 'd'a'~Y o~ i . " :z :E: 1 ~, '.. j'~ ~.. 6" ,. l -, ..... ,. .) ) '. ~ It .:,,,' ....::J.. .; : ,~ ,,:; :)':,~:"'~~ : " ~r <l..." ! ~..1 ~~~f ..... of .~ ," 'J' ,'~:'^ \.~ _':' - ~ .~: j~~jf Sign ,> /' at Boynton Beach, Florida. ~ ' 19 9~, 1;:~~dk \~w:rJg ~--_~ I' "l~/ . 1 ",j 7808 t79 ~ 990 ~r::r' '.. ow'" . ,'-.. r - ~ ~... .....'\01.. T"'..s~" u: iJIl'i.t"Cl.i 1~_""t!'IU Vt.H4r it:.U tPt..I1'tVJf,' n I'r ili:.rI GlERI': OF THE GOVRf - fiB CiJuNi''f, FL was acknowledged before me this (date) by h;;NK r Ao/t JitJL{m<<d~ who is personally known to me or who has produced ;::-c,,!'7 .JjL. STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument 7-;'j;,5;? r ( type9,f identification) as identification and who e:hi (did not) ~~,_~.J))'~]"'t~ :.:.:<~ke, a:i;" <?ath. ~-<.? ,::....~.~,., <: r~:\ "s "'~ , :"'1 ! 'I .j _ ' .,' :~~"J '(SEA~r \~\ ~ ,. : . signat\ltie of,person ! i - )) " '~ .',~airie 9(;~pfficer .. ~ CJ J~ J ,J , ... taking acknowle r stamped Serial number, if any nt--ti-"Ped, . ,. \ .' .. J 1 ...- .,' I~' '.' ).. . J )).: '. Title or rank /~ . ~c: ___0/96:22- {Z.--, 4/, G//Y/P~ A:TITLEFM.JM ;. ..' .;...... TRI-PARTY PARKING LEASE AGREEHENT This indenture, made and entered into this 25th day of Mayr 1994 ' by and between Goodyear Easy Pay Tire Store, havlng a principle place of business at 619 N. Federal Hwy" Boynton Beach, FL 33435 hereinafter called Lessor, Party of the first part, and Consumers' Paint and Body Inc., having a principle place of business at 609 N. Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part See Exhibit '~" for legal description of the Lessee. WITNESSTH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit"~' for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus, TO HAVE AND TO HOLD the same for a primary term of one year beginning on the first day of November, 1993 and ending on the 31st day of October, 1994 at a rental annual rate of ten dollars ($10 00) plus applicable sales tax. The above rent shall be payable in advance to: Goodyear Easy Pay 619 N Federal Hwy. Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1 Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns, 2. Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3 Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4 Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted ~ '-F- TRI-PARTY PARKING LEASE AGREEMENT This indenture, made and entered into this 25th day of May, 1994 by and between Goodyear Easy Pay Tire Store, having a principle place of business at 619 North Federal Hwy., Boynton Beach, FL 33435 herinafter called Lessor, Party of the first part, and consumers' Paint and Body, Inc., having a principle place of business at 609 North Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part. See Exhibit "A" for legal description of the Lessee. WITNESSETH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit "B" for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus. TO HAVE AND TO HOLD the same until ., termination by mutual agreement of the parties or termination of Inltlc the Consumers' Paint and Body, inc. operation at the above address, & whichever comes first. The rental, annual rate of ten dollars Date ($10.00), plus applicable sales tax, shall be due on the last dayfft// of October. The above rent shall be payable in advance to: . v,/ (~" b y 1-/1)" Goodyear Easy Pay 619 North Federal Highway Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1. Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns. 2. Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4. Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted. TRI-PARTY PARKING LEASE AGREEMENT This indenture, made and entered into this 25th day of May, 1994 by and between Goodyear Easy Pay Tire Store, having a principle place of business at 619 North Federal Hwy., Boynton Beach, FL 33435 herinafter called Lessor, Party of the first part, and consumers' Paint and Body, Inc., having a principle place of business at 609 North Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part. See Exhibit "An for legal description of the Lessee. WITNESSETH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit "B" for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus. TO HAVE AND TO HOLD the same until termination by mutual agreement of the parties or termination of the Consumers' Paint and Body, inc. operation at the above address, whichever comes first. The rental, annual rate of ten dollars ($10.00), plus applicable sales tax, shall be due on the last day of October. The above rent shall be payable in advance to: Ini tic & Date Goodyear Easy Pay 619 North Federal Highway Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1. Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns. 2. Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4. Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted. TRI-PARTY PARKING LEASE AGREENENT This indenture, made and entered into this 25th day of May, 1994 by and between Goodyear Easy Pay Tire Store, hav1ng a principle place of business at 619 N. Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessor, Party of the first part, and Consumers' Paint and Body Inc., having a principle place of business at 609 N. Federal Hwy" Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part See Exhibit "A" for legal description of the Lessee. WITNESSTH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit"if for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus, TO HAVE AND TO HOLD the same fo~ a primary term of one year beginning on the first day of November, 1993 and ending on the 31st day of October, 1994 at a rental annual rate of ten dollars ($10 00) plus applicable sales tax. The above rent shall be payable in advance to: . Goodyear Easy Pay 619 N. Federa~ Hwy. Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1 Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns. 2, Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3 Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4 Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-145 TO: Jim Cheraf City Attorney FROM: Tambri J. Heyden ~~ Planning and Zoning Director DATE: May 24, 1994 SUBJECT: Consumer's Paint and Body, Inc. CBn Parking Lease Agreement - File No. 764 Attached is the latest version of the above referenced agreement for Consumer's Paint and Body. It satisfies all my comments and I have verified your comments as well (see attached copies of your comments). As discussed with you on the phone awhile ago, the next step is for you to sign, as well as the Mayor, and for the City Clerk to record. Please have the City Clerk forward to me two (2) copies of the recorded agreement. attachment TJH/jj , TRI-PARTY PARKING LEASE AGREEMENT Thtz inden tUk'e, made and en tered into this 10 day of o V 6M.~l{. by and be tween Goodyear Easy Pay Tire Store, having a principle place of business at 619 N. Federal Hwy" Boynton Beach, FL 33435 hereinafter called Lessor, Party of the first part, and Consumers' Paint and Body Inc., having a principle place of business at 609 N. Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part See Exhibi t "A" for legal description of the Les see. WITNESSTH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit"~ for legal description) . This is specifically for the purpose of leasing two spaces located on this property which is surplus. TO HAVE AND TO HOLD the same for a primary term of one year beginning on the first day of November, 1993 and ending on the 31st day of October, 1994 at a rental annual rate of ten dollars ($10 00) plus applicable sales tax. The above rent shall be payable in advance to: Goodyear Easy Pay 619 N. Federal Hwy. Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1 Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns. 2. Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4 Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted ~ 5. Upon termination of this lease, Lessee shall deliver possession of the leased premises to Lessor in the same general condition as when received excepting however ordinary wear, tear and deterioration or damage by the elements. 6. Lessee represents that it has inspected the premises and accepts the same, for purposes of this lease and accepts the same, as is. 7 No signs may be placed by Lessee. 8 The Lessee shall not further sublet or assign any portion of its right under this lease. 9 It is agreed that time shall be of the essence of this agreement and this lease shall be binding on all parties, their heirs, personal representatives, and/or assigns when this lease shall be signed by all parties or their authorized agents. 10 Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from the drive in premises of Lessor. 11 Lessee agrees that it will indemnify and hold harmless against any expense, loss, liability, or damage that Lessor may sustain or incur on account of a breach of any injury to property or persons on the demised premises, or in connection with any legal proceedings brought by the Lessee against any person other than Lessor. Lessee's liability under this lease extends to the acts and omissions of any agent, servant, employee, visitor or licensee of Lessee. 12. Lessor and Lessee agree to carry and maintain at its own expense insurance on their respective property and interests in the demised premises and mutually release each other from any claims for loses or damage which may be covered by their respective policies. 13. Comprehensive general liability insurance with the following minimum limits of liability; Bodily injury $300,000,00 Property damage $100,000.00 14. All notices by either party to the other shall be made in writing by depositing such notice in the certified or registered mail of the United States of America, and such notice shall be deemed to have been served on the date of such depositing in the certified or registered mail unless otherwise provided. All notices to Lessor shall be made to Goodyear Easy Pay, 619 N. Federal Hwy. Boynton Beach, FL 33435, or such other address as Lessor may from time to time designate in writing to Lessee, and all notices to Lessee shall be made to 609 N Federal Hwy. Boynton Beach, FL 33435. Not withstanding the fore- going, notice to Less~e may ~n by hand delivery. ~ j)J(fi 15 This lease constitutes the entire agreement of the parties and any changes hereto must be made in writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under their seals, on the date first written. Signed, sealed and delivered in presence of: Lessor: BY: r Easy Pay Ti~e Store 'tih ''1[i!~(~ ~ WITNES Lessee: //7 /~i' painTlanrl~c, <-D o~ I e~ BY: City of Boynton Beach WITNESS: BY: BY: TITLE: Execution of the foregoing instrum nt was acknowledged before me this I day of cJ - , 1993 by ~ on beha f of Consumers' Pai~pnd I ~ Body, Inc. Witness my hand and official seal ay ~~ c~J( said county and state this / day of I,j{)u)' , 1993. , Notary seal: l. (i?~~ ~r'd-/~/p~ -/P C- c..... 0(9 /)D;;L /r;) ~- EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Lot 8 and the North Ten (10') feet of Lot 9, Block 1, ROBERT ADDITION TOWN OF BOYNTON BEACH, according to the Plat thereof on file in the Office of the clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, page 51, less the east 35 feet thereof for road right-oft-way, together with all right, title and interest of Grantor in and to abandoned alley way lying west of the above described parcel. Parcel 2: The North 40.12 feet of Lot 7, together with the south 9.87 feet ot the East 50.25 feet of Lot 7, together with the North 0.13 feet of the East 50.25 feet of Lot 10, all in Block 2, ROBERT ADDITION TO TOWN OF BOYNTON BEACH, Boynton Beach, Palm Beach County, Florida, recorded in Plat Book 1, page 51. , EXHIBIT liB" LEGAL DESCRIPTION Lots 1, 4 and 5 (less East 35 feet) Block 1 and Lots 2, 3 and 6 Block 2 and the abandoned right-of-way lying between said Lots 1, 4 and 5 Block 1 and Lots 2, 3 and 6 Block 2, within the ROBERT ADDITION subdivision Boynton Beach, Palm Beach County, Florida, according to the Plat Book I, page 51 of the public records of Palm Beach County, Florida. , TRI-PARTY PARKING LEASE AGREEMENT This indenture, made and entered into this 25th day of May, 1994 by and between Goodyear Easy Pay Tire Store, having a principle place of business at 619 North Federal Hwy., Boynton Beach, FL 33435 herinafter called Lessor, Party of the first part, and consumers' Paint and Body, Inc., having a principle place of business at 609 North Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party m.: the third part. See Exhibit "A" for legal description of the Lessee. WITNESSETH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit "B" for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus. TO HAVE AND TO HOLD the same until " termination by mutual agreement of the parties or termination of Inltla the Consumers I Paint and Body, inc. operation at the above address, & whichever comes first. The rental, annual rate of ten dollars fftDate- ($10.00), plus applicable sales tax, shall be due on the last day I. of October. The above rent shall be payable in advance to: :vIf Goodyear Easy Pay b (7- CJf./ 619 North Federal Highway /1 Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1. Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns. 2. Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4. Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted. 5, Upon termination of this lease, Lessee shall deliver possession of the leased premises to Lessor in the same general condition as when received excepting however ordinary wear, tear and deterioration or damage by the elements. 6. Lessee represents that it has inspected the premises and accepts the same, for purposes of this lease and accepts the same, as is. 7 No signs may be placed by Lessee. 8 The Lessee shall not further sublet or assign any portion of its right under this lease. 9 It is agreed that time shall be of the essence of this agreement and this lease shall be binding on all parties, their heirs, personal representatives, and/or assigns when this lease shall be signed by all parties or their authorized agents. 10 Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from the drive in premises of Lessor. 11 Lessee agrees that it will indemnify and hold harmless against any expense, loss, liability, or damage that Lessor may sustain or incur on account of a breach of any injury to property or persons on the demised premises, or in connection with any legal proceedings brought by the Lessee against any person other than Lessor. Lessee's liability under this lease extends to the acts and omissions of any agent, servant, employee, visitor or licensee of Lessee. 12. Lessor and Lessee agree to carry and maintain at its own expense insurance on their respective property and interests in the demised premises and mutually release each other from any claims for loses or damage which may be covered by their respective policies. 13. Comprehensive general liability insurance with the following minimum limits of liability; Bodily injury $300,000.00 Property damage $100,000.00 14. All notices by either party to the other shall be made in writing by depositing such notice in the certified or registered mail of the United States of America, and such notice shall be deemed to have been served on the date of such depositing in the certified or registered mail unless otherwise provided. All notices to Lessor shall be made to Goodyear Easy Pay, 619 N. Federal Hwy. Boynton Beach, FL 33435, or such other address as Lessor may from time to time designate in writing to Lessee, and all notices to Lessee shall be made to 609 N Federal Hwy. Boynton Beach, FL 33435, Not withstanding the fore- going, notice to Lessee may ~n by hand delivery. ~ if x/'? 15. This lease constitutes the entire agreement to the parties and any changes hereto must be made in writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under their seals, on the date first written, a, se led and delivered in presence of: Lessor: Goodye asy Pay Tire Store BY: ~ ~1L p'resident Itness ;/ ~\J~ ~ ________ I ness Witness CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Witness Attest: Approved as to Form: City Clerk City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH I '. I hereby- certify that on this day, before me personally appearedfQ",,/ ~ -<.r j ~ I as President of Goodyear Easy Pay Tire Store, who acknowledged to me that he duly executed the foregoing' t. ._ YITNESS my hand and official seal in the Co yan Stat last aforesaid this ~~~dayof ,~~ ,1994. . My Commission Expires: r;/;9/ft? EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: Lot 8 and the North Ten (10') feet of Lot 9, Block 1, ROBERT ADDITION TOWN OF BOYNTON BEACH, according to the Plat thereof on file in the office of the clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, page 51, less the east 35 feet thereof for road right-off-way, together with all right, title and interest of Grantor in and to abandoned alley way lying west of the above described parcel. Parcel 2: The North 40.12 feet of Lot 7, together with the south 9.87 feet of the East 50.25 feet of Lot 7, together with the North 0.13 feet of the East 50.25 feet of Lot 10, all in Block 2, ROBERT ADDITION TO TOWN OF BOYNTON BEACH, Boynton Beach, Palm Beach County, Florida, recorded in Plat Book 1, page 51. EXHIBIT liB" LEGAL DESCRIPTION Lots 1, 4 and 5 (less East 35 feet) Block 1 and Lots 2, 3 and 6 Block 2 and the abandoned right-of-way lying between said Lots 1, 4 and 5 Block 1 and Lots 2, 3 and 6 Block 2, within the ROBERT ADDITION subdivision Boynton Beach, Palm Beach County, Florida, according to the Plat Book I, page 51 of the public records of Palm Beach County, Florida. STATE OF FLORIDA COUNTY OF PALM BEACH hereby certify hat on this day, before me personally appeared #/7rI)( . -as President of Consumers' Paint and Body, inc., who acknowledged to me that he duly executed the foregoin' ment. -rl WITNESS my hand and official seal in the nty and S ate last aforesaid this ~dayof ,#~ ,1994 My Commission Expires: ell;l/Y y STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this day I before me personally appeared , as Mayor of the City of Boynton Beach, Florida and who acknowledged to me that he duly executed the foregoing instrument. WITNESS my hand and official seal in the County and State last aforesaid this _day of ,1994. My Commission Expires: Notary Public Ma,y ..,= L..J, 1994 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that a meeb.nq of the Board Goodyear Easy Pay Tire Store Inc.,a corporation the State of Florida, was held on May 251 1994 resolutions duly passed and adopt8d: of Directors of under the laws 0+ and the following "RESOLVED, that Donald N. Besecker, as President of the corpora~~on, is hereby authorized to execute contracts and other legal documents for this corporation, and that his execution thereof, attested by the Secretary of the corporation and ~~ith corporate seal affixed~ shall be the official act and deed 0+ this corporation." I further certify that said resolution IS now 1n full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation, this 25th day of May, 1994. ~~--~-- ~ecret2.ry ;J .M1 e; IV f/I f'" . CIlJW;J -' ~ IF _ ~ IIi - .. /J' v . PAINT & BODY, INC. I-;a Y' ..-,c- L-:..J, 1994 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that a meefing of the Board Consumers' Paint and Body, Inc., a corporation the State of Florida, was held on May 25, 1994 resolutions duly passed and adopted: of Directors 0+ under the laws 0+ and the following "RESOLVED, that Frank R. v.Jallmueller, as President of the corporation, is hereby authorized to execute contracts and o~re~ legal documents for this corporation, and that his exeCU~lon thereof, attested by the Secretary of the corporation ard wIth corporate 5e~1 affi~;ed, sha'll be the oificial act -~nd deed 0+ thi 5 c:Jrpor--3ti on. II I further cer~:+y that said resolution 15 now in full force and effect. IN WITNESS WHEREOF, official seal of the I have hereunto set my corporation, this 25th hand and affixed day of May, 1994. +-r-..-.. i..,i.,-= . i lev ;=,__________VJ____ ----j.->~-li ;:,ec rei: ar y' ,I 609 N. FEDERAL HIGHWAY · BOYNTON BEACH, FL 33435. (407) 737-3004 6.b CONSUMER PAINT AND BODY SHOP PARKING LEASE AGREEMENT TRI-PARTY PARKING LEASE AGREEMENT Thb2 indentuk"e, made and entered into this / Q day of o V 6M(?JE-~ by and be tween Goodyear Easy Pay Tire Store, having a principle place of business at 619 N. Federal Hwy" Boynton Beach, FL 33435 hereinafter called Lessor, Party of the first part, and Consumers' Paint and Body Inc., having a principle place of business at 609 N. Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part See Exhi bi t "A" for legal descript ion of the Les see. WITNESSTH That for and in consideration of the rents and covenants herein contained, Lessor hereby leases unto Lessee, the following described premises in the city of Boynton Beach, County of Palm Beach (see Exhibit"~ for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus. TO HAVE AND TO HOLD the same for a primary term of one year beginning on the first day of November, 1993 and ending on the 31st day of October, 1994 at a rental annual rate of ten dollars ($10 00) plus applicable sales tax. The above rent shall be payable in advance to: . Goodyear Easy Pay 619 N. Federa~ Hwy. Boynton Beach, FL 33435 COVENANTS AND AGREEMENTS 1 Lessor warrants that upon performance of Lessee's agreements under this lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors, or assigns. 2. Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and unpaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefrom. 4 Lessee agrees to use the premises solely for the purpose of short term, six hours or less, non-commercial vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear and tear, deterioration, damage by the elements, or unavoidable casualty excepted ~ 5, Upon termination of this lease, Lessee shall deliver possession of the leased premises to Lessor in the same general condition as when received excepting however ordinary wear, tear and deterioration or damage by the elements. 6. Lessee represents that it has inspected the premises and accepts the same, for purposes of this lease and accepts the same, as is. 7 No signs may be placed by Lessee. 8 The Lessee shall not further sublet or assign any portion of its right under this lease. 9 It is agreed that time shall be of the essence of this agreement and this lease shall be binding on all parties, their heirs, personal representatives, and/or assigns when this lease shall be signed by all parties or their authorized agents. 10 Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from the drive in premises of Lessor. 11 Lessee agrees that it will indemnify and hold harmless against any expense, loss, liability, or damage that Lessor may sustain or incur on account of a breach of any injury to property or persons on the demised premises, or in connection with any legal proceedings brought by the Lessee against any person other than Lessor. Lessee's liability under this lease extends to the acts and omissions of any agent, servant, employee, visitor or licensee of Lessee. 12. Lessor and Lessee agree to carry and maintain at its own expense insurance on their respective property and interests in the demised premises and mutually release each other from any claims for loses or damage which may be covered by their respective policies. 13. Comprehensive general liability insurance with the following minimum limits of liability; Bodily injury $300,000,00 Property damage $100,000.00 14. All notices by either party to the other shall be made in writing by depositing such notice in the certified or registered mail of the United States of America, and such notice shall be deemed to have been served on the date of such depositing in the certified or registered mail unless otherwise provided. All notices to Lessor shall be made to Goodyear Easy Pay, 619 N. Federal Hwy. Boynton Beach, FL 33435, or such other address as Lessor may from time to time designate in writing to Lessee, and all notices to Lessee shall be made to 609 N Federal Hwy, Boynton Beach, FL 33435. Not withstanding the fore- going, notice to Lessee may ~n by hand delivery. ~ j)Xft 15, This lease constitutes the entire agreement to the parties and any changes hereto must be made in writing and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under their seals, on the date first written, ,se led and delivered in presence of: ~\J~ _______ I II~SS ~ '()~ Itness CITY OF BOYNTON BEACH, FLORIDA Witness BY: Mayor Witness Attest: Approved as to Form: City Clerk City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH I herebl( certify that on this day. before me personally appearedGJ ~-<-/./ ~ , as President of Goodyear Easy Pay Tire Store, who acknowledged to me that he duly executed the foregoing . t. .- ~ITNESS my hand and official seal in the Co y and Stat last aforesaid this ~ day of /?7~ I 1994. ~ My Commission Expires: r0/;9/f~ EXHIBIT "A" LEGAL DESCRIPTION Parcell: Lot 8 and the North Ten (10') feet of Lot 9, Block 1, ROBERT ADDITION TOWN OF BOYNTON BEACH, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, page 51, less the east 35 feet thereof for road right-off-way, together with all right, title and interest of Grantor in and to abandoned alley way lying west of the above described parcel. Parcel 2: The North 40.12 feet of Lot 7, together with the south 9.87 feet of the East 50.25 feet of Lot 7, together with the North 0.13 feet of the East 50.25 feet of Lot 10, all in Block 2, ROBERT ADDITION TO TOWN OF BOYNTON BEACH, Boynton Beach, Palm Beach County, Florida; recorded in Plat Book 1, page 51. EXHIBIT "B" LEGAL DESCRIPTION Lots 1, 4 and 5 (less East 35 feet) Block 1 and Lots 2, 3 and 6 Block 2 and the abandoned right-of-way lying between said Lots I, 4 and 5 Block 1 and Lots 2, 3 and 6 Block 2, within the ROBERT ADDITION subdivision Boynton Beach, Palm Beach County, Florida, according to ~he Plat Book I, page 51 of the public records of Palm Beach County, Florida. STATE OF FLORIDA COUNTY OF PALM BEACH hereby certi y hat on this day, before me personally appeared /iifir/A: -as President of Consumers' Paint and Body, inc., who acknowledged to me that he duly executed the foregoin' ment. -,-1 WITNESS my hand and official seal in the nty and S ate last aforesaid this ~ day of ,I)-/' /Jj' , 1994, My Commission Expires: ~llf(~ y STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this day I before me personally appeared , as Mayor of the City of Boynton Beach, Florida and who acknowledged to me that he duly executed the foregoing instrument. WITNESS my hand and official seal in the County and State last aforesaid this _day of ,1994. My Commission Expires: Notary Public May 25, 1994 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that a me~ng of the Board Goodyear Easy Pay Tire Store Inc.,a corporation the State of Florida, was held on May 25, 1994 resolutions duly passed and adopted: of Directors of under the laws of and the following "RESOLVED, that Donald N. Besecker, as President of the corporation, is hereby authorized to execute contracts and other legal documents for this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed~ shall be the official act and deed of this corporation." I further certify that said resolution is now In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation, this 25th day of May, 1994. ~--~-- ~.ecretary -4 tt"f/fV C ~t/I ~ ItJI'J _..J.-" IF _ ~ I[ - .t y, ,,~v ' PAINT & BODY, INC. May ""'l<=: ":"w, 1994 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that a meEnng of the Board Consumers' Paint and Body, Inc., a corporation the State of Florida, was held on May 25, 1994 resolutions duly passed and adopted: of Directors of under the laws of and the following "RESOLVED, that Frank R. Wallmueller'1 as President of the corporation, is hereby authorized to execute contracts and other legal documents for this corporation, and that his e~<ecution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shail be the official act and deed o~ this corporation." I further certify that said resolution is now in full force effect. and IN WITNESS WHEREOF, I have hereunto set my hand and affixed official seal of the corporation, this 25th day of May, 1994. the _____~____l~~~____~~ Secretal"'yl k~' 609 N. FEDERAL HIGHWAY · BOYNTON BEACH, FL 33435. (407) 737-3004 UNITY OF TITLE The Undersigned hereby agrees to restrict the use of Lot 7 (N 40' & E 50'), Lot 8, and Lot 9(N 10'), and Lot 10(N 0.13'), Block 1 and 2, of the Subdivision Robert Addition, Recorded in Plat Book 1, Page 51 of the Public Records of Palm Beach County, Florida, being described by metes and bounds, as follows: the North 40' and East 50' of Lot 7, and the North 0.13' of the East 501 of Lot 10, Block 2; and Lot 8 and the North 10' of Lot 9, Block 1 of the Robert Addition subdivision including the abandoned Right-or-way adjacent thereof, in the following manner: 1. That said property shall be considered as one plot and parcel of land, and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. 2. The Undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns. Release of this Unity of Title must be approved by the administrative head of the Boynton Beach Building Department and ratified by the City Commission. 3. The Undersigned further agrees that this instrument will be recorded in the Public Records of Palm Beach County. Signed, sealed, executed and ackowledged on this day of , 19____, at Boynton Beach, Florida. Owner(s} Witnesses (2) STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this (date) by who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. (SEAL) Signature of person taking acknowledgement Name of officer taking acknowledgement--typed, printed or stamped Title or rank Serial number, if any A:TITLEFM.JM